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ORDINANCE ON ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN VIETNAM

ORDINANCE ON ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN VIETNAM

(No. 24/2000/PL-UBTVQH10 of April 28, 2000)

In order to contribute to implementing the State�s policy on development of friendly and cooperative relations with foreign countries and protect the national interests and sovereignty;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Resolution of the 6th session of the Xth National Assembly on its 2000 program for law and ordinance making;

This Ordinance prescribes the entry, exit and residence of foreigners in Vietnam,

Chapter I

GENERAL PROVISIONS

Article 1.-

1. The Socialist Republic of Vietnam State facilitates the entry, exit and transit of foreigners; protects the lives, properties and other legitimate rights and interests of foreigners residing in Vietnam on the basis of Vietnamese laws and the international treaties which the Socialist Republic of Vietnam has signed or acceded to.

2. The foreigners who enter, exit, transit and/or reside in Vietnam must abide by Vietnamese laws and respect the traditions, customs and practices of the Vietnamese people. It is strictly forbidden to abuse the entry into, exit from, transit and/or residence in Vietnam to break laws.

3. Where an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains provisions on entry, exit, transit and residence of foreigners in Vietnam, which are contrary to the provisions of this Ordinance, the provisions of such international treaty shall apply.

Article 2.-

1. Vietnamese agencies and organizations, Vietnam - based foreign agencies and organizations as well as international organizations, Vietnamese citizens and foreigners lawfully residing in Vietnam may invite foreigners into Vietnam.

2. Agencies, organizations and individuals that invite foreigners into Vietnam shall have to ensure the compliance with foreigners� entry purposes, ensure financial matters and their cooperation with the State bodies to settle arising problems for foreigners.

Article 3.- In this Ordinance, the following terms shall be construed as follows:

1. "Foreigners" are persons who do not bear the Vietnamese nationality;

2. "Permanently residing foreigners" are the foreigners who reside, work and earn their living permanently in Vietnam;

3. "Temporarily residing foreigners" are the foreigners who reside for a definite period of time in Vietnam;

4. "Entry" means to enter the Vietnamese territory through Vietnam�s international border gates.

5. "Exit" means to move out of the Vietnamese territory through Vietnam�s international border gates;

6. "Transit" means to go through the transit areas at Vietnam�s international border gates.

Chapter II

ENTRY, EXIT, TRANSIT

Article 4.-

1. Foreigners on entry or exit must have passports or passport substitute papers (hereinafter referred collectively to as passports) and have visas granted by competent Vietnamese agencies, except for case of visa exemption.

2. Foreigners shall carry out procedures to apply for Vietnamese visas at the exit and entry management agency of the Ministry of Public Security, the consular office of the Ministry for Foreign Affairs, the Vietnamese diplomatic missions or consulates in foreign countries.

The visa application shall be replied within no more than 5 working days after the receipt of valid dossiers.

3. Persons aged under 14, who have been declared in the visa application of their escorts shall not have to fill in separate procedures for visa application.

Article 5.-

1. Agencies, organizations and individuals that invite foreigners into Vietnam shall send their written requests to the entry and exit management agency of the Ministry of Public Security or the consular office of the Ministry for Foreign Affairs.

2. A written request shall be replied within no more than 5 working days after the receipt of the request.

Article 6.-

1. Foreigners applying for entry shall be granted visas at Vietnam�s international border gates in the following cases:

a) They enter for funerals of their relatives, for visits to their seriously ill relatives;

b) They depart from countries where Vietnamese diplomatic missions and/or consulates are not available;

c) They enter for visits under programs organized by international tour enterprises of Vietnam;

d) They enter to provide urgent technical support for programs, projects; to give first-aid to seriously ill persons, accident victims; to provide rescue for victims of natural disasters and epidemics in Vietnam;

e) For other urgent reasons.

2. The exit and entry management agency of the Ministry of Public Security shall issue visas as prescribed in Clause 1 of this Article.

Article 7.-

1. Vietnamese visas (hereinafter referred to as visas) are valid for entry, exit through Vietnam�s international border gates.

2. The visas include the following types:

a) The single visa which is valid for use only once during the period of not more than 12 months;

b) Multiple visa which is valid for use more than once during the period of not more than 12 months

c) Non-extendable visa.

Visas already granted to foreigners may be cancelled in one of the circumstances prescribed in Articles 8 and 9 of this Ordinance.

Article 8.-

1. The competent State bodies of Vietnam shall not let foreigners to enter the country if they fall under one of the following circumstances:

a) Failing to satisfy all conditions prescribed in Clause 1, Article 4 of this Ordinance;

b) Forging papers, deliberately making false declarations when carrying out procedures for entry application;

c) For reasons of preventing and/or combating epidemics;

d) Having seriously breached Vietnamese laws during their previous entries;

e) For reasons of protecting the national security or other special reasons as decided by the Minister of Public Security.

2. The Minister of Public Security shall consider and decide to permit the foreigners falling in cases prescribed in Clause 1 of this Article to enter the country.

Article 9.-

1. Foreigners may be suspended from exit in one of the following cases:

a) They are being examined for penal liability or being the defendants in civil, economic or labor cases;

b) They are being obliged to serve penal sentences;

c) They are being obliged to serve civil, economic or labor judgements;

d) They are being obliged to execute decisions on sanctioning administrative violations, to fulfill their tax obligations and other financial obligations.

2. Persons falling in cases prescribed at Points c and d of Clause 1, this Article, if being guaranteed with money, properties or other measures to ensure the performance of such obligations according to Vietnamese laws, may exit.

3. The investigation bodies, procuracies, courts and judgement-enforcing agencies of the provincial/municipal or higher level are competent to decide the temporary suspension of exit in cases prescribed at Points a, b and c, Clause 1, of this Article.

The agencies competent to suspend exits shall have to issue decisions to unfreeze the exit suspension when the demand therefor no longer exists. Decisions on exit suspension and decisions to unfreeze the exit suspension must be notified in writing to the exit and entry management agency of the Ministry of Public Security for implementation.

4. The Minister of Public Security shall decide the exit suspension applicable to foreigners falling in cases prescribed at Point d, Clause 1 of this Article, at the requests of ministers, heads of ministerial-level agencies, heads of agencies attached to the Government or presidents of the People�s Committees of provinces or centrally-run cities.

5. Persons who issue decisions on exit suspension or propose the exit suspension contrary to the provisions of this Ordinance, if causing material losses to people being suspended from exit, shall have to make compensations therefor according to the provisions of law.

Article 10.- Persons who are on transit shall be exempt from visas; if they wish to enter Vietnam for visits, tourism on this occasion, their wish shall be dealt with by the exit and entry management agency of the Ministry of Public Security according to the Regulation issued by the Ministry of Public Security.

Chapter III

RESIDENCE

Article 11.-

1. Foreigners on entry must register their residence purposes, duration and addresses in Vietnam and operate in strict accordance with the registered purposes.

2. Foreigners must not reside in areas banned from residence by foreigners.

Article 12.- Foreigners may travel freely on the Vietnamese territory in accordance with the registered purposes of entry, except for areas banned from travel by foreigners; if wishing to enter prohibited areas, they must get permission of the competent State bodies of Vietnam managing such prohibited areas.

Article 13.-

1. Foreigners temporarily residing in Vietnam under one of the following circumstances shall be considered for permanent residence:

a) They are people who have struggled for freedom and national independence, for socialism, for democracy and peace or for the cause of science, but have been subject to suppression;

b) They have meritorious contributions to the cause of building and defending the Vietnamese Fatherland;

c) They are spouses, offspring, parents of Vietnamese citizens residing in Vietnam.

2. Foreigners applying for permanent residence shall carry out the procedures therefor at the exit and entry management agency of the Ministry of Public Security.

Article 14.-

1. The permanently residing foreigners are granted the permanent residence cards by the competent exit and entry management agencies of the Ministry of Public Security. The permanent residence card bearers shall be exempt from visas upon their entry and exit.

2. The permanently residing foreigners shall have to report themselves and produce their permanent residence cards to the competent exit and entry management agencies of the Ministry of Public Security once every three years; if there is any change in their permanent residence addresses or other registered contents, they shall have to carry out the procedures therefor at the card-granting agencies.

3. The permanently residing foreigners shall have to declare and report their temporary residence to the competent exit and entry management agencies of the Ministry of Public Security if they stay overnight outside their registered permanent residence addresses.

4. The permanent residence card- issuing agencies shall withdraw or cancel the cards when the card bearers leave for permanent residence in other countries or are expelled.

Article 15.-

1. Foreigners may temporarily reside in Vietnam in accordance with the registered purposes, duration and addresses.

2. The temporary residence certificates shall be granted by the competent exit and entry management agencies of the Ministry of Public Security to foreigners at Vietnam�s international border gates. The permitted temporary residence duration is compatible to the valid duration of visa.

The already granted temporary residence certificates may be cancelled or cut short in terms of their valid duration in cases where the certificate grantees breach Vietnamese laws or have their temporary residence contrary to the registered purposes.

Foreigners residing temporarily shall have to declare and report their temporary residence to the competent exit and entry management agencies of the Ministry of Public Security; if requesting the granting, supplement or amendment of visas, extension of temporary residence or changes in the registered purposes of their temporary residence, they shall have to fill in the procedures therefor at the exit and entry management agencies of the Ministry of Public Security.

3. Foreigners who temporarily reside for 1 year or more shall be granted the temporary residence cards by the competent exit and entry management agencies of the Ministry of Public Security. The temporary residence cards shall be valid for between 1 and 3 years. The temporary residence card bearers shall be exempt from visas upon their entry and exit during the valid duration of the cards.

4. Foreigners who enjoy diplomatic or consular privileges and immunities shall fill in the procedures for granting, supplementing or amending visas, extending temporary residence and/or granting temporary residence cards at the Ministry for Foreign Affairs.

5. The consideration, granting, supplement or amendment of visas, the granting of temporary residence cards or the extension of temporary residence shall be effected within no more than 5 working days after the receipt of valid dossiers.

Chapter IV

EXPULSION

Article 16.-

1. Foreigners shall be expelled from Vietnam in the following cases:

a) They are sentenced to expulsion by competent courts of Vietnam;

b) They are expelled by decisions of the Minister of Public Security.

2. The expulsion of foreigners who enjoy the diplomatic or consular privileges and immunities shall be handled through diplomatic channels.

Article 17.-

1. The exit and entry management agency of the Ministry of Public Security shall have to enforce the expulsion judgements and decisions.

2. The expulsion judgements and decisions must be handed over by the exit and entry management agency of the Ministry of Public Security to the expelled persons 24 hours at the latest before the enforcement.

3. Where the expelled persons are unwilling to execute the expulsion judgements or decisions, the exit and entry management agency of the Ministry of Public Security shall apply coercive expulsion measures.

Chapter V

STAGE MANAGEMENT OVER ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN VIETNAM

Article 18.- The contents of State management over the entry, exit and residence of foreigners in Vietnam shall include:

1. The promulgation of legal documents;

2. The conclusion of or accession to international treaties;

3. The performance of entry, exit, transit and residence management activities;

4. The State statistics;

5. The international cooperation;

6. Supervision, inspection, examination and handling of law violations.

Article 19.-

1. The Government exercises uniform State management over entry, exit and residence of foreigners in Vietnam.

The Ministry of Public Security shall be answerable to the Government for its prime responsibility in the exercise of State management over entry, exit and residence of foreigners in Vietnam.

2. The Government shall issue the Regulation on coordination among the ministries, the ministerial-level agencies and the agencies attached to the Government; define the responsibility of the People�s Committees of all levels in exercising the State management over entry, exit and residence of foreigners in Vietnam.

Article 20.- The Vietnamese diplomatic missions and consulates in foreign countries shall grant, amend, supplement or cancel visas of different types in foreign countries.

Article 21.- The ministries, the ministerial-level agencies, the agencies attached to the Government and the People�s Committees of provinces and centrally- run cities shall, within the scope of their respective tasks and powers, have to exercise the State management over entry, exit and residence of foreigners in Vietnam.

Chapter VI

HANDLING OF VIOLATIONS

Article 22.-

1. Those who breach the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability; if causing damage, they shall have to make compensation therefor according to the provisions of law.

2. Those who abuse their positions and/or powers and breach the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they shall have to make compensation therefor according to the provisions of law.

Article 23.- The complaints about administrative decisions, the denunciation of violations of the legislation on entry, exit and residence of foreigners in Vietnam shall comply with the provisions of the legislation on complaints and denunciations.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 24.- This Ordinance is also applied to Vietnamese who carry foreign passports and are on entry, exit, transit or residing in Vietnam.

Article 25.- This Ordinance shall come into force as from August 1st, 2000.

This Ordinance shall replace the February 21, 1992 Ordinance on entry, exit, residence and travel of foreigners in Vietnam.

The previous regulations contrary to this Ordinance shall all be annulled.

Article 26.- The Government shall detail and guide the implementation of this Ordinance.

On behalf of the National Assembly Standing Committee

Chairman
NONG DUC MANH